U.S. USCIS Sets 90-Day Window for H-1B Petition in FY 2027 Petition Filing Window

Selected FY 2027 registrations must move fast. USCIS plans to post selection notices by March 31, 2026, and the Petition Filing Window for an H-1B petition runs from April 1, 2026, through June 30, 2026.

That filing period is a strict 90-day window. If the employer does not file on time, the selection is lost. For most cases, the earliest employment start date remains October 1, 2026.

This year also brings two major changes. First, USCIS continues the one-registration-per-beneficiary framework, which limits duplicate lottery advantages. Second, DHS has introduced a weighted selection process tied to wage levels for FY 2027.

📅 Key Date: USCIS expects initial FY 2027 selection notifications in online accounts by March 31, 2026.

FY 2027 H-1B timeline

The FY 2027 cap season follows the standard cap-subject structure, but filing details matter more this year because of the new weighting rule and form changes.

If a registration is selected, the employer must file the cap-subject H-1B petition during the exact period listed on the selection notice. USCIS treats that period as mandatory.

For employers, this means the legal team, job details, wage data, and supporting records should be ready before April 1. For employees, it means checking that the employer has the selection notice and a clear filing plan.

Key FY 2027 filing data employers and employees should track

Several FY 2027 data points will affect filing strategy, timing, and cost.

Starting April 1, 2026, petitioners must use the new Form I-129 edition dated 04/01/26. Using an outdated edition can trigger rejection.

USCIS will also accept online filing for selected H-1B cap petitions and associated Form I-907 premium processing requests beginning April 1.

⚠️ Employer Alert: A selected registration does not reserve a visa by itself. The employer must file a complete cap-subject petition within the 90-day window.

Weighted selection changes the FY 2027 lottery

The biggest policy change for FY 2027 is the DHS final rule that took effect on February 27, 2026. It shifts the lottery from a flat selection system to a weighted selection process.

Under the FY 2027 rule, entries are weighted by the offered wage level:

• Level IV — 4 entries
• Level III — 3 entries
• Level II — 2 entries
• Level I — 1 entry

This does not guarantee selection at any wage level. It does change the odds. Higher-paid cases receive more chances in the lottery, while Level I cases receive fewer chances.

That change matters for job classification and wage planning. Employers should confirm the correct SOC code, geographic worksite, and wage level before filing. Employees should verify that the offered salary matches the petition strategy.

The wage level must still fit the actual job. USCIS may question cases where the duties appear advanced but the wage level is too low. Level I filings remain a common review point, especially for broad job descriptions.

How FY 2027 compares to the prior cap season

As of March 30, 2026, USCIS has not published the final FY 2027 registration count or selection rate. That means employers should use FY 2026 as the latest complete benchmark.

The FY 2027 rate may shift because of weighted selection. The one-registration-per-beneficiary rule also remains in place, which reduces the effect of multiple employer registrations for the same person.

That rule matters for both compliance and fairness. An individual beneficiary should not gain extra lottery power through duplicate sponsor activity beyond what the current system permits.

What happens after selection

A selected registration is only the first step. The employer still must file a complete H-1B petition with supporting evidence.

That package usually includes:

• The certified Labor Condition Application
• The new Form I-129
• Evidence of the specialty occupation
• Degree records and evaluations, if needed
• Wage and worksite details
• Employer support letter
• Filing fees

USCIS begins accepting online cap filings and premium processing requests on April 1, 2026. Premium processing may help with faster adjudication, but it does not fix missing evidence.

Standard government filing fees for many cap-subject cases include the following:

Some cases may face added costs. USCIS filings affected by Presidential Proclamation 10973 may carry a higher supplemental fee for certain workers outside the United States.

What if the registration was not selected

If the beneficiary was not selected in the first round, that is not always the end of the cap season. USCIS may hold a second lottery in summer if enough selected employers do not file during the initial period.

There is no action to take unless USCIS issues another selection. Employers should monitor their USCIS accounts and the cap season page.

For beneficiaries who are not selected, the main alternatives include:

• Cap-exempt H-1B with a university or affiliated nonprofit
• O-1 for people with documented high-level achievement
• L-1 for intracompany transferees
• TN for eligible Canadian and Mexican professionals
• STEM OPT extension, if eligible
• Other employer-sponsored options based on nationality or role

A cap-exempt employer can file year-round and does not need the lottery. Some workers also move from private employers to university-affiliated roles to remain in H-1B status.

💼 Employee Tip: F-1 students should confirm that the employer files before OPT expires. Timely filing may preserve Cap-Gap work authorization until October 1.

Practical deadlines for employers and employees

The next 30 days are about execution. Employers should not wait until June. Late LCA certification, missing wage support, or an old I-129 edition can waste a selected case.

Employees should ask direct questions now. Confirm the offered title, duties, salary, worksite, and filing date. If the job changed after registration, counsel should review whether the petition still matches the selected registration.

Looking ahead, the next cap cycle will likely open in March 2027 for FY 2028, unless DHS or USCIS changes the schedule.

⏰ Deadline: Missing the June 30, 2026 filing deadline voids the selection. USCIS may use later rounds to fill unused cap numbers.

Employers should finalize LCAs, confirm wage levels, and prepare the H-1B petition package well before June 30, 2026. Employees should verify the job details, confirm the filing date, and check that the offered wage meets at least the correct prevailing wage level for the worksite. Both sides should monitor USCIS account notices through March 31, 2026, and review current updates on the electronic registration process and the H-1B cap season page.

📋 Official Resources:

• H-1B Program: uscis.gov/h-1b-specialty-occupations
• Cap Season: uscis.gov/h-1b-cap-season
• Prevailing Wages: flcdatacenter.com